United States v. Leeman Patrick, II

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PER CURIAM OPINION FILED - THE COURT: DIANA E. MURPHY, MORRIS S. ARNOLD and BOBBY E. SHEPHERD granting [3845746-2] motion to withdraw as counsel filed by Ms. Jane Kelly., granting [3845741-2] motion to withdraw as counsel filed by Ms. JoAnne M. Lilledahl. [3887355] [11-3136]--[Edited 03/07/2012 by JPP] MODIFIED TO INCLUDE RULING ON MOTIONS.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-3136 ___________ United States of America, Appellee, v. Leeman Joseph Patrick II, Appellant. * * * * Appeal from the United States * District Court for the * Northern District of Iowa. * * [UNPUBLISHED] * ___________ Submitted: February 29, 2012 Filed: March 7, 2012 ___________ Before MURPHY, ARNOLD, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Leeman Patrick II pleaded guilty to possession of child pornography. See 18 U.S.C. § 2252A(a)(5)(B), (b)(2). The district court1 sentenced him to 108 months in prison and 8 years of supervised release. On appeal, his counsel have moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738 (1967), asserting that the sentence was unreasonable. 1 The Honorable Linda R. Reade, Chief Judge, United States District Court for the Northern District of Iowa. Appellate Case: 11-3136 Page: 1 Date Filed: 03/07/2012 Entry ID: 3887355 We disagree. The district court committed no significant procedural error in sentencing Mr. Patrick, see United States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (describing procedural error), and the sentence was substantively reasonable, see United States v. Hubbard, 638 F.3d 866, 870-71 (8th Cir. 2011) (reviewing sentence under deferential abuse-of-discretion standard, and according presumption of reasonableness to sentence within advisory Guidelines range). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issue. Accordingly, we affirm the judgment of the district court and grant counsel’s motion to withdraw, subject to counsel informing appellant about procedures for seeking rehearing or filing a petition for certiorari. ______________________________ -2- Appellate Case: 11-3136 Page: 2 Date Filed: 03/07/2012 Entry ID: 3887355

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